IMPORTANT — READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING GANTTPM. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, PROMPTLY CEASE ACCESSING OR USING THE SERVICE.
1. Definitions
In these Terms of Service, the following terms have the meanings set out below:
- "We", "us", or "our" means iMagicsoft (ABN 29 094 363 729), the operator of GanttPM.
- "Service" means GanttPM's web app, desktop and mobile apps, and marketing website, including the Free — Local tier and the Cloud subscription tier, and any updates or enhancements to them.
- "You" or "User" means the individual or entity using the Service.
- "Subscription Fee" means the recurring fee for a Cloud plan.
- "Customer Data" means the project, task, dependency, resource, comment, and attachment data You create, import, or upload through the Service.
2. Acknowledgment
By accessing or using the Service, You confirm that You have read, understood, and agree to be bound by these Terms. The Service is licensed, not sold, to You for use strictly in accordance with these Terms.
3. Grant of License
We grant You a non-exclusive, non-transferable, limited license to access and use the Service for Your own personal or internal business use. On the Free — Local tier, this includes the Gantt, List, Kanban, Calendar, and Resource views, critical-path scheduling, baselines, Microsoft Project import, and local export, running against a database on Your own device, with no account required. A Cloud subscription additionally licenses cloud sync, task comments and attachments, live-updating collaboration, shareable read-only links, and organization roles with an audit log, for the number of users covered by Your plan. You are responsible for maintaining the confidentiality of Your sign-in credentials and for all activity under Your account.
4. Ownership
You have no ownership rights in the Service. Ownership of the Service and all intellectual property rights in it remain at all times with us. Any use of the Service not expressly permitted by these Terms is prohibited. You retain all ownership rights in Your Customer Data.
5. Your Content and Customer Data
You retain ownership of Your Customer Data. By using Cloud sync, You grant us a limited license to host, store, process, and transmit Your Customer Data solely as necessary to provide the Service to You (for example, syncing it across Your devices and displaying it to teammates You've invited). We do not claim ownership of Your Customer Data and do not use it to train third-party models or share it with third parties except as described in our Privacy Policy. Free — Local tier data is not transmitted to us at all unless and until You enable Cloud sync for that project.
6. Restrictions
You may not:
- Publish, sell, rent, lease, or create derivative works based on the Service.
- Reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent applicable law expressly permits this despite this restriction.
- Scrape, spider, or otherwise systematically extract data from the Service outside of its intended export features.
- Interfere with or disrupt the Service, or the servers or networks connected to it.
7. Fair Use Policy and Acceptable Use
Your use of the Service is subject to fair and reasonable use. Examples of prohibited use include automated scripting that overloads the Service, data extraction beyond normal use of the export features, or usage that impairs the Service's performance for other users. You agree not to use the Service for any unlawful purpose. If Your usage is excessive or in violation of this policy, we may require You to upgrade Your plan, throttle or restrict Your access, or suspend or terminate Your account.
8. Subscription and Payment
The Free — Local tier requires no payment and no account. The Cloud plan is billed at the rate shown on our pricing page at the time of purchase, charged through our payment processor (Stripe). We may change Subscription Fees for future billing periods by giving reasonable advance notice. All fees are exclusive of applicable taxes, which You are responsible for paying.
Cancellation: You may cancel Your Cloud subscription at any time. You will continue to have access to Cloud features until the end of Your current billing period. Except where required by law, no partial refunds are provided for early cancellation.
9. Limited Warranty
We warrant that the Service will substantially conform to its published documentation during Your subscription term. Should it not, Your exclusive remedy, and our sole obligation, is, at our discretion, correction of the defect or a pro-rata refund of prepaid Subscription Fees.
Use of the Service is at Your own risk. Except for the limited warranty above, the Service is provided "AS IS." To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error-free, or that all defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so this may not apply to You.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THIS KIND OF LIMITATION, SO IT MAY NOT APPLY TO YOU.
11. Updates to the Service
We may modify, update, or discontinue features of the Service at any time, including to fix defects, improve functionality, or comply with legal requirements. Your continued use of the Service after such changes constitutes acceptance of them. If You disagree with a change, You may stop using the Service and, for Cloud subscribers, cancel Your subscription as described in §8.
12. Third-Party Services
The Service relies on third-party infrastructure, including Microsoft Azure (Cloud hosting), Cloudflare (website hosting), and Stripe (payment processing). We are not responsible for the availability or performance of these third-party services, and Your use of any linked third-party website or service is subject to that third party's own terms.
13. Termination
These Terms remain effective until terminated. Your rights under these Terms terminate automatically if You fail to comply with them or Your Cloud subscription lapses. We may also suspend or terminate Your access for violation of these Terms or the Fair Use Policy. Upon termination, You must cease using the Service. You are responsible for exporting Your Customer Data (via the Service's CSV, Excel, JSON, PNG, or PDF export features) before termination; we are not obligated to retain Customer Data after Your account or subscription ends.
14. Governing Law
These Terms are governed by the laws of Australia. Any dispute arising out of or in connection with these Terms that cannot be resolved by good-faith negotiation is subject to the exclusive jurisdiction of the courts of Australia. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect. These Terms constitute the entire agreement between You and us regarding the Service.
15. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
16. Contact Us
Questions about these Terms can be sent to hello@ganttpm.com.